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Texas Car Accident Lawyer
Fighting for Texas injury victims
Goldberg & Loren Texas Car Accident Attorneys
A serious wreck rearranges your life in seconds. One moment you are merging onto I-35 with the radio on. The next you are staring at a crushed hood, a ringing phone, and a stack of questions no one prepared you for.
The Texas car accident attorneys at Goldberg & Loren exist for that exact moment, when the pain is real, the bills are coming, and the other driver’s insurance company is already deciding how little it can pay you.
Matthew Kotzen
A former insurance-defense trial attorney, Matthew Kotzen spent the early part of his career representing insurance companies before switching sides to fight for injured people. He earned his J.D. from the Walter F. George School of Law at Mercer University, is a Lifetime Member of Best Attorneys of America, and is admitted to the State Bar of Texas.
Texas Injury Law at a Glance
| Deadline to file a lawsuit | Two years from the date of the injury. Tex. Civ. Prac. & Rem. Code § 16.003 |
| Fault Rule | Modified comparative responsibility ("51% bar"): you recover only if you are 50% or less at fault, and your award is reduced by your share. §§ 33.001, 33.012 |
| Reporting the crash | Notify police immediately when there is injury, death, or a vehicle that cannot be driven away safely. Tex. Transp. Code § 550.026 |
Texas roads never rest. The Texas Department of Transportation reports that our state has not seen a single day without a traffic death since November 7, 2000.
Behind that streak sit hundreds of thousands of crashes every year, and behind every crash a person facing emergency care, missed paychecks, and the question of who pays.
If you would rather talk it through with a person right now, call us any time at (512) 254-4424. The consultation is free, and you pay nothing unless we win.
What Texas Car Accident Attorneys Do in the First 48 Hours After a Crash
The first two days after a crash carry more weight than almost any moment that follows. Skid marks are still on the pavement. Witnesses still remember which light was green. The insurance company has not yet locked in its story. Move fast, and you protect the truth; wait too long, and you hand the other side room to rewrite it.
Goldberg & Loren wastes no time in those early hours. While you deal with the emergency room and your family, we go to work on the facts that decide your case months later.
Locking Down Evidence Before It Disappears
Evidence disappears fast. A repair shop can fix the other driver’s bumper within a week. A business can record over its security footage in days. City traffic cameras cycle out old video on a set schedule. A Texas car accident lawyer moves immediately to freeze that evidence before it is gone for good.
Consider a driver rear-ended at a Houston intersection. The gas station on the corner had a camera pointed straight at the crash. Ten days later, that footage would be erased. A fast preservation letter is the difference between clear proof and your word against theirs.
Physical Evidence at the Scene
Photographs of vehicle positions, debris, skid marks, and road conditions tell a story that memory cannot. We document the damage on both vehicles, the angle of impact, and hazards like a dead traffic signal or a blind curve. These details anchor the case when the other driver changes his account weeks later.
Video and Digital Evidence
Modern crashes leave a digital trail. Dashcams, doorbell cameras, business surveillance, and the event data recorder inside many vehicles can capture speed, braking, and steering in the final seconds. We send spoliation letters that legally require the other side to preserve this data instead of quietly deleting it.
Witnesses Scatter Fast After a Crash
Human memory is fragile, and helpful witnesses scatter within minutes. The stranger who watched the whole thing gives a quick account, then drives off and forgets the details by the weekend. We track those witnesses down while the memory is fresh and record clear statements — one neutral witness who confirms the other driver ran the light can outweigh two adjusters arguing the opposite.
The Insurance Adjuster’s First Call
The other driver’s insurer often calls within a day, friendly and eager to help. That call is not a courtesy. The adjuster wants a recorded statement and an early, cheap resolution before you know the full extent of your injuries. A warm voice asking you to describe the crash is still building a case to reduce your payout.
Picture an adjuster offering 2,500 dollars two days after a wreck, while a hairline fracture still hides behind the adrenaline. Sign that release and the money is gone the moment surgery becomes necessary. We handle those calls so you never talk yourself out of the compensation you need.
Your Legal Duty to Report the Crash
Texas law does not treat a serious crash as optional paperwork. Under the Texas Transportation Code, drivers must stop and report any wreck that injures someone, kills someone, or damages a vehicle enough that it cannot be driven safely (§§ 550.021–550.026). A responding officer investigates the scene and files a Texas Peace Officer Crash Report, known as the CR-3.
That report is one of the first documents an insurer reads, and it often shapes the early fault decision. We request it quickly and check it for errors — and if it names the wrong driver or misstates a key fact, we gather the evidence to challenge it before that mistake becomes the insurer’s official version of events.
How Texas Fault Rules Affect What You Can Recover
Texas does not divide crash money down the middle. It ties every dollar to fault, and the rules are stricter than most drivers expect. Fault is not a feeling; it is a percentage, argued with evidence, and Texas law draws a hard line that decides whether you collect anything at all. Understand the rules early, and you protect your claim.
Proportionate Responsibility and the 51% Bar Rule
Texas follows a modified comparative fault system called proportionate responsibility. Under Chapter 33 of the Civil Practice and Remedies Code, you can recover damages only if your share of the blame is 50% or less. Cross into 51%, and the law bars you from collecting anything. That single percentage point can erase an entire claim.
How Your Share of Fault Reduces Your Payout
Even when you stay under the bar, your fault still costs you. Texas reduces your recovery by your own percentage of responsibility. A jury that assigns you 20% of the blame cuts your award by 20%. The fight over those percentages is often where the real money is won or lost.
A Split-Fault Example
Say your damages total 100,000 dollars and the insurer argues you were speeding slightly, pushing 20% of the fault onto you. Your recovery drops to 80,000 dollars. Now say they convince a jury you were 51 percent responsible. You recover nothing. The math is why we fight every fault argument the insurer floats.
Proving the Other Driver Was at Fault
Proving fault is not about telling a better story. It is about stacking evidence the insurer cannot wave away. When a driver breaks a traffic law, such as running a stop sign or speeding, Texas treats that violation as strong proof of negligence on its own.
We combine the crash report, the physical damage, and independent witnesses to show exactly how the other driver caused the wreck. In serious cases, we bring in accident reconstruction specialists who use skid marks, vehicle data, and impact angles to rebuild the crash second by second.
Insurer Tactics to Shift Blame onto You
Because fault controls the money, insurers work hard to push your percentage higher. They ask leading questions in recorded statements. They argue you could have braked sooner or should have seen the other car coming. In one common tactic, an adjuster asks whether you were in a hurry, then twists your honest answer into proof you were careless.
We answer those moves with evidence, not opinions — using the crash data, scene photos, and independent witnesses to keep the blame where it belongs and your recovery intact.
Common Car Accident Injuries We See
Not every injury appears on the first X-ray, and the type and severity of what you suffer drives the entire value of your claim — which is why we connect your medical reality to the compensation the law allows.
After serious Texas wrecks, the same injuries surface again and again.
- Whiplash and soft tissue damage to the neck, shoulders, and back
- Broken bones in the wrists, ribs, hips, and legs
- Traumatic brain injuries, including concussions that look minor at first
- Spinal cord damage that threatens permanent mobility
- Internal bleeding and organ damage that demand emergency surgery
- Burns from engine fires, hot fluids, or chemical exposure
- Emotional trauma, including anxiety, depression, and post-traumatic stress
Traumatic Brain Injuries and Long-Term Care Costs
A brain injury can change how you think, work, and speak long after the visible bruises fade. A concussion that seems mild at the scene can grow into memory loss, headaches, and trouble working. We work with treating doctors to document the full arc of a brain injury — the future care and lost income it forces on an entire family, plus statements from those who see the daily changes a scan cannot capture.
Spinal Cord Damage and Lost Earning Power
Damage to the spine can end a career in an instant. A warehouse worker who can no longer lift, or a driver who can no longer sit for hours, faces a lifetime of lost wages and costly home modifications. We build these claims around the true price of that changed life — often with vocational experts who can put a real number on a career cut short — not the insurer’s quick guess.
Injuries That Surface Days After the Wreck
Adrenaline masks pain, and it can hide serious harm for a day or two. Many Texans feel fine at the scene, then wake up barely able to turn their neck. Whiplash and brain injuries are known for this delay. See a doctor even when you feel okay, because a gap in treatment gives the insurer an easy excuse to claim you were never really hurt.
Pre-Existing Conditions and Your Claim
Insurers love to blame an old injury for new pain. If you hurt your back years ago, expect them to argue the crash changed nothing. Texas law does not let them off that easily. Under the long-standing eggshell plaintiff rule, a driver who injures you takes you exactly as you are, fragile spine and all.
When a wreck makes an old condition worse, that worsening is compensable. We use your medical history to draw a clear line between the pain you lived with before and the harm the crash piled on top. Honest documentation of your baseline is often the key to beating this defense.
What Your Car Accident Claim Is Worth
Every injured driver wants the same answer. What is my case worth? The honest response is that value depends on your injuries, your losses, and how fault shakes out, and no ethical lawyer promises a number on day one.
Compensation in Texas falls into clear categories, and we prove each with real evidence — treating your claim like a case built for trial, because that is what pushes insurers toward full value.
Economic Damages You Can Document
Economic damages are the losses with a receipt. They include medical bills, property damage, and every paycheck the crash took from you. These numbers make up the core of your claim, and careful documentation keeps them from being disputed.
Medical Bills, Future Treatment, and Life-Care Plans
Your claim covers far more than the first hospital visit. It includes future surgeries, physical therapy, medication, and long-term care when injuries are permanent. For severe cases, we bring in specialists to build a life-care plan that projects those costs across your lifetime.
Lost Wages and Reduced Earning Capacity
Missed paychecks are only the start. If your injuries keep you from returning to the same work, Texas law lets you recover for reduced earning capacity, which is the income you can no longer earn going forward. A roofer who can no longer climb has lost far more than a few weeks of pay, and your claim should reflect that.
Property Damage, Rental Costs, and Diminished Value
Your vehicle matters too. A Texas claim covers the repair or replacement of your car, the cost of a rental while yours sits in the shop, and towing and storage fees. It can also cover diminished value — the money your vehicle loses simply because it now carries a wreck on its history, even after a flawless repair. Many drivers never think to claim that loss, and insurers are happy to let it slide.
Non-Economic Damages and How Texas Juries Weigh Them
Some losses have no invoice. Pain, physical impairment, disfigurement, and the daily struggle of a body that no longer works right are all real, and Texas law allows compensation for them. Juries weigh these damages by looking at how deeply the injury has reached into your sleep, your relationships, and the hobbies you gave up.
Punitive Damages in a Car Accident Case
Most crashes involve ordinary negligence, but some involve conduct so reckless the law punishes it. When a driver was drunk or acted with gross negligence, Texas allows exemplary (punitive) damages on top of your other compensation — but only on clear and convincing evidence of fraud, malice, or gross negligence (Tex. Civ. Prac. & Rem. Code § 41.003). A drunk driver who ran a red light at 80 miles per hour is the kind of defendant who can face that extra penalty.
Damage Caps in Texas
Texas does not cap the everyday compensation in a standard car accident case. Your medical bills, lost income, and pain and suffering carry no statutory ceiling, which means a catastrophic injury can support a large recovery. Exemplary damages work differently.
When a jury awards punitive damages for gross negligence, Texas law caps that amount at the greater of $200,000 or two times your economic damages plus up to $750,000 in non-economic damages (Tex. Civ. Prac. & Rem. Code § 41.008). A separate set of rules applies when a government vehicle causes the crash, because claims against public agencies face strict damage caps and a short six-month notice deadline under the Texas Tort Claims Act (§§ 101.023, 101.101).
Table of Contents
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Texas Car Accident Attorneys
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What Texas Car Accident Attorneys Do in the First 48 Hours After a Crash
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How Texas Fault Laws Shape What a Car Accident Attorney Can Recover
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Common Car Accident Injuries Texas Attorneys Build Claims Around
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What a Texas Car Accident Claim Is Worth and How Attorneys Calculate It
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Types of Texas Car Accident Cases Our Attorneys Handle
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How Texas Car Accident Attorneys Handle Aggressive Insurance Companies
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What Sets Goldberg and Loren Texas Car Accident Attorneys Apart
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Questions Texans Ask a Car Accident Attorney
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Call Goldberg and Loren Texas Car Accident Attorneys for a Free Consultation
Texas Practice Areas
Types of Car Accident Cases We Handle
Car accident is a broad label that covers very different crashes, and each type comes with its own evidence, injuries, and insurance fights. Our firm handles the full range across Texas, including simple fender benders that hide real injuries and catastrophic highway pileups.
Rear-End Collision Claims
Rear-end crashes are common and often dismissed as minor, yet they cause some of the worst neck and spine injuries. The driver behind is usually at fault, but insurers still fight over how hurt you really are. Proving the force of the impact and the reality of your injuries is where these cases are won. Tailgating, sudden stops in Dallas rush hour, and drivers staring at phones cause most of them.
Head-On Collision Claims
Head-on wrecks carry the highest risk of fatal and life-altering injuries because the force of both vehicles combines. These cases often turn on which driver crossed the center line, and the answer can hide inside vehicle data and scene evidence. Many happen on rural two-lane Texas roads, so we move fast to secure both vehicles before they are scrapped and their final positions are lost.
Hit-and-Run and Unidentified Driver Claims
When the other driver flees, your case does not end. You may recover through your own uninsured motorist coverage, and sharp investigation can sometimes track down the driver who ran.
We move quickly to pull camera footage and witness accounts before the evidence disappears. We also file the claim correctly and on time, since uninsured motorist benefits carry their own notice rules that trip up drivers who go it alone.
Distracted Driving Crash Claims
Texting, eating, and scrolling behind the wheel cause a growing share of Texas crashes. Phone records, app data, and witness statements can prove a driver was distracted at the moment of impact. That proof often turns a disputed claim into a clear one. Texas bans texting behind the wheel statewide (Tex. Transp. Code § 545.4251), and a message sent at the moment of impact can shift a case decisively in your favor.
Uninsured and Underinsured Motorist Claims
Too many Texas drivers carry no insurance or far too little. When the at-fault driver cannot cover your losses, your own uninsured and underinsured motorist coverage can step in. These claims pit you against your own insurer, and having an attorney puts real pressure on a company that would rather pay you nothing.
Multi-Vehicle Pileup Claims
Texas highways see massive chain reaction pileups, especially when fog settles over I-35 or ice hits an overpass. These crashes are a puzzle of overlapping fault, with a dozen drivers each blaming the next.
Sorting out who caused what takes fast investigation and a clear grasp of the order of impacts. We work through police findings, vehicle damage, and witness accounts to place fault accurately and shield you from blame for a crash you could not avoid.
How We Handle Aggressive Insurance Companies
Insurance companies are not in the business of paying full value. Their profit depends on paying you as little as possible, and they have trained adjusters and lawyers working toward that goal every day. A strong attorney changes the balance of power at the table.
Building a Demand Package the Insurer Cannot Ignore
A demand package is the story of your claim told with proof. It gathers your medical records, bills, wage losses, and the evidence of fault into one organized presentation. A detailed, documented demand tells the insurer you are prepared to take the case all the way to trial.
Texas Insurance Minimums and Your Recovery
Texas requires drivers to carry only modest liability coverage — currently $30,000 per injured person, $60,000 per crash, and $25,000 for property damage, known as 30/60/25 coverage (Tex. Transp. Code § 601.072). Serious injuries blow past those limits in a single hospital stay, so when the at-fault driver carries only the minimum, your own underinsured motorist coverage becomes vital — it fills the gap between their limits and the true cost of your injuries. We read every policy in play, including yours, to find every available dollar.
Filing a Lawsuit to Force a Fair Offer
Most claims settle, but some need the pressure of a lawsuit to move. When an insurer refuses to offer fair value, filing suit opens the door to sworn testimony and evidence the company cannot dodge. The filing itself often produces a better offer within weeks. Filing also stops the clock on a case approaching the two-year deadline, which protects your right to recover while talks continue.
What Sets Goldberg & Loren Apart
Choosing a lawyer after a crash is a decision you make once, often under stress, and it shapes everything that follows. The right firm brings experience, availability, and a real willingness to fight you can feel from the first call — we built our practice around all three.
We carry decades of experience across personal injury and motor vehicle claims, so we already know the tactics insurers use — and how to beat them.
Our Pay Nothing Unless We Win Promise
You should not have to be wealthy to get justice after a wreck. We work on a contingency fee, which means you owe no attorney fees unless we recover money for you. We also advance the costs of building your case, so an empty bank account never stops a strong claim from moving forward. That arrangement ties our interests to yours, because we only get paid when you do.
Around-the-Clock Access After a Crash
Crashes do not wait for business hours, and neither do we. You can reach us any time, day or night, when the questions and the fear hit hardest — even a call from the emergency room at 11 p.m. reaches a team ready to protect your claim.
Questions Texans Ask Before Hiring a Lawyer
Before hiring anyone, injured drivers tend to ask the same practical questions — here are the ones we hear most.
Texas generally gives you two years from the date of the crash to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). A few narrow exceptions exist, but waiting is risky because evidence fades and witnesses move away. The safest move is to talk to a lawyer well before that deadline gets close.
Reputable injury firms work on contingency, so you pay no fee up front and no fee at all unless you win. The attorney fee is a percentage of the recovery, agreed to in writing before any work begins. That structure lets anyone afford strong representation, not just people with savings in the bank.
Almost never without advice. The first offer is usually a fraction of what a claim is worth, sent early in the hope you will sign before you understand your injuries. Once you accept and sign a release, you cannot go back for more, even if you need surgery next month. A quick review with a lawyer costs nothing and tells you whether the number is fair or an insult.
Small crashes can hide expensive injuries, and quick insurance offers often fall far short of the real cost. Even when a wreck seems minor, a free consultation costs you nothing and can reveal value you would otherwise miss. If your only damage is a dented bumper, a good lawyer will tell you that honestly.
Timelines vary widely based on the severity of injuries and the willingness of the insurer to be fair. A straightforward claim may resolve in a few months, while a serious injury case can take a year or more. Rushing to settle before you know the full extent of your injuries almost always costs you money.
Most Texas car accident claims settle without a trial. Strong preparation, solid evidence, and a credible willingness to go to court usually push the insurer to pay fair value first. When a company refuses to be reasonable, we are ready to file suit and try the case in front of a jury. That readiness is exactly what makes insurers take a claim seriously, so preparing for court often helps you avoid it.
How Long Do You Have to Report a Crash in Texas?
Reporting a crash and filing a lawsuit are two very different deadlines, and the reporting one is far shorter. Under Texas law, if anyone is injured or killed, or a vehicle is too damaged to be driven away safely, the drivers involved must notify police immediately, by the quickest means available, not days later (Tex. Transp. Code § 550.026). You also have to stop at the scene, give your name, address, and insurance information, and help anyone who is hurt (§§ 550.021–550.023). Leaving the scene of an injury crash is a serious crime in Texas, not a paperwork issue.
The well-known “ten day” crash-report deadline belongs to the investigating police officer, who must send the official report to the Texas Department of Transportation within ten days when a wreck causes injury, death, or at least $1,000 in property damage (§ 550.062).
Your job is to report the crash to police right away, then notify your own insurance company promptly. You can request your official crash report from the local police department that worked the scene or order it online through the Texas Department of Transportation.
If you are not sure how to get your report, call us at (512) 254-4424.
Talk to Goldberg & Loren for a Free Consultation
A crash leaves you with enough to carry: the medical appointments, the missed work, the calls from an insurer who does not have your interests in mind. You do not have to carry the legal fight alone.
We review your case, explain your options in plain language, and take over the investigation, the paperwork, and the insurance company while you focus on healing. You pay nothing unless we win, and the first conversation is free and every day you wait lets evidence slip away, so the sooner you call, the sooner we can protect your claim.
Call Goldberg & Loren any time at (512) 254-4424 or reach us through our contact page to start your free consultation today. Let us carry the fight while you get back to your life.
Legal Sources & References
The Texas laws described on this page are cited to the official statutes published by the Texas Legislature and were last reviewed on August 1, 2026.
- Statute of limitations (2 years) — Tex. Civ. Prac. & Rem. Code § 16.003
- Comparative responsibility & reduction — Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012
- Duty to report a crash — Tex. Transp. Code §§ 550.021–550.026, 550.062
- Exemplary (punitive) damages — standard & cap — Tex. Civ. Prac. & Rem. Code §§ 41.003, 41.008
- Government-unit damage caps & notice (Texas Tort Claims Act) — Tex. Civ. Prac. & Rem. Code §§ 101.023, 101.101
- Minimum auto liability insurance (30/60/25) — Tex. Transp. Code § 601.072
- Texting while driving ban — Tex. Transp. Code § 545.4251
- Texas crash data — Texas Department of Transportation (TxDOT)
Goldberg & Loren
211 Ranch Rd 620 S, Suite #230
Lakeway, TX 78734
(512) 254-4424
If you have been injured in an auto accident in Texas, I want to hear your story. We will try to make you whole again.